Gubin v. State of Wisconsin Judicial Commission
Gubin v. State of Wisconsin Judicial Commission
Trial Court Opinion
CLERE’S OFFICE U.8. DIST. CC AT HARRISONBURG, VA IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF VIRGINIA March 03, 2025 ROANOKE DIVISION LAURA A. AUSTIN, CLEI BY: S/J.Vasquez JACOB GUBIN, ) DEPUTY CLERK Petitioner, ) Case No. 7:25-cv-00115 ) v. ) ) By: Michael F. Urbanski STATE OF WISCONSIN JUDICIAL +) Senior United States District Judge COMMISSION, ) Respondent. )
MEMORANDUM OPINION Jacob Gubin, an inmate proceeding pro se, commenced this action by filing a petition for a writ of mandamus against the Wisconsin Judicial Commission. Gubin seeks to compel the state agency to provide access to certain files. For the following reasons, the petition is DENIED. Federal district courts have jurisdiction in “any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.”
28 U.S.C. § 1361. “Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances.” In re Matousek,
857 F. App’x 146, 146 (4th Cir. 2021). A party seeking a writ of mandamus must show that “his right to the issuance of the writ is clear and indisputable” and that he “has no other adequate means to attain the relief he desires.” Media Gen. Operations, Inc. v. Buchanan,
417 F.3d 424, 433 (4th Cir. 2005). Gubin is unable to show that he has a clear and indisputable right to the requested mandamus relief. It is well settled that federal courts do not have jurisdiction to grant mandamus relief against state officials or agencies. Gurley v. Superior Ct. of Mecklenburg
Cnty.,
411 F.2d 586, 587(4th Cir. 1969); see also Amisub (PSL), Inc. v. Colo. Dep’t of Soc. Servs.,
879 F.2d 789(10th Cir. 1989) (“No relief against state officials or state agencies is afforded by § 1361.”). Consequently, the relief sought by Gubin is “not available by way of mandamus.” In re Matousek, 857 F. App’x at 146. For these reasons, Gubin’s petition for a writ of mandamus is DENIED. An appropriate order will be entered. Entered: March 3, 2025 Michael F. Urbanski U.S. District Judge 2025.03.03 09:56:57 -05'00' Michael F. Urbanski Senior United States District Judge
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